Purushottam Rajak vs Union Of India
2023 Latest Caselaw 230 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                                ON THE 4 th OF JANUARY, 2023
                                               MISC. PETITION No. 6364 of 2022

                           BETWEEN:-
                           PURUSHOTTAM RAJAK S/O SHRI RAMSIYA RAJAK,
                           AGED ABOUT 40 YEARS, R/O GRAM BELDARA P.S
                           MAIHAR HALL NEAR RANGLAL CHOURAHA TEHSIL
                           MAIHAR (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY MS ARTI VISHWAKARMA - ADVOCATE )

                           AND
                           UNION OF INDIA THROUGH GENERAL MANAGER
                           WEST CENTRAL RAILWAY JABALPUR (MADHYA
                           PRADESH)

                                                                                         .....RESPONDENT
                           (BY SHRI RAKESH JAIN - ADVOCATE )

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                               ORDER

Learned counsel for the petitioner contends that the Railway Claims Tribunal, Bhopal vide its judgment dated 12.10.2022 (Annexure P/1) has directed that 10% of the compensation amount be paid to the petitioner herein and the remaining 90% be kept in Fixed Deposit for the period of 60 months.

Counsel for the petitioner contends that instead of 10% at least 25% should have been paid to the petitioner inasmuch as, the petitioner is in entire need of amount. Counsel further contends that on similar set of facts, this Court vide order dated 27.09.2022 in M.P.No.4676/2021, has directed that instead of Signature Not Verified Signed by: SAVITRI PATEL Signing time: 1/5/2023 6:09:07 PM

10%, 50% of the awarded amount be released in favour of the petitioner therein. Counsel contends that 10% amount is not sufficient to procure the sources of livelihood, thus, the judgment impugned delivered by Railway Claims Tribunal, Bhopal be modified to that effect.

Shri Rakesh Jain, Advocate has no objection to the said prayer of the petitioner.

Considering the aforesaid, the present petition stands disposed of while modifying the judgment dated 12.10.2022 (Annexure P/1) delivered in Case No.OA/IIu/BPL/091/2020 by Railway Claims Tribunal Bhopal to the extent that instead of 10%, 25% of awarded amount shall be released in favour of the

petitioner.

It is made clear that pursuant to the direction issued in the impugned judgment, if 10% of the awarded amount has already been released in favour of the petitioner, then only remaining 15% of the awarded amount shall also be released in his favour. The remaining 75% be deposited in FDRs in terms of the directions contained in paragraph no.30 of the judgment.

With the aforesaid, the petition stands disposed of. C.c. as per rules.

(MANINDER S. BHATTI) JUDGE sp

Signature Not Verified Signed by: SAVITRI PATEL Signing time: 1/5/2023 6:09:07 PM